MINUTES

It was moved
by Falcetano, seconded by Galasso and carried, that the minutes of the
Work Session Meeting of September 24th and the Regular Meeting
of September 25, 2002 be dispensed with and approved as submitted.

COMMUNICATIONS
AND PETITIONS

Notice
from Verizon advising that they will be removing the pay phones located
at the North 21st Street Municipal Parking Lot and at the
South 21st Street Municipal Parking Lot since they do not
meet their minimum revenue requirements.

Notice
from Comcast of changes in various equipment, installation and service
charges.

Letter
from a resident complaining about the Recreation Department.

REPORTS

Police
Department Report for the month of September, 2002.

Construction
Department Report for the month of September, 2002.

Borough
Clerk’s Report for the month of September, 2002.

It was moved
by Falcetano, seconded by Fiamingo and carried, that the above communications
be received and filed and any money amounts indicated be spread over the
minutes.

REPORT OF
COMMITTEES

MAYOR’S
REPORT

Mayor Tripodi
reminded the residents that we are having the Octoberfest Street Fair
on Saturday, October 20th along the Boulevard from 18th
Street to 23rd Street, from 11 A.M. to 6 P.M. He announced
that the Smart Growth Committee will be meeting on Monday, October 14th
at Percup at 6:30 PM. He said that he hopes to be able to, within a month,
present to the Council a Smart Growth plan for the central business district
for adoption. Mayor Tripodi also announced the Pride in Kenilworth Committee
will again be sponsoring the Halloween House Decorating Contest and will
be judging homes on the weekend of October 26th. He noted
that any

REPORT
OF COMMITTEES (CONT.)

MAYOR’S
REPORT (CONT.)

winners from
last year are not eligible this year. Mayor Tripodi announced that there
were some guests in the audience this evening, referring to Freeholders
Scutari, Proctor, and Estrada, along with Assemblyman Cryan, who were
here to discuss the possible reactivation of the railroad through the
Borough of Kenilworth.

Assemblyman
Joseph Cryan thanked the Mayor for the opportunity to come before the
Governing Body to address a concern that he has heard so much about.
He wished to share, on behalf of Senator Lesniak, Assemblyman Cohen and
himself, their views on where they stand from a statewide presence. He
said he is receipt of the resolution from the Borough of Kenilworth which
makes their opposition very clear. He said he has never heard of an idea
more stupid than having a train cross Route 22. He said their position
is very clear, that there is no

possible
benefit realized from the reactivation of this rail line that could possible
outweigh the

impact of
the quality of life for the residents of the 20th Legislative
district and all of the residents of Union County. He said as a legislative
group, they have met with the M&E folks

(Morristown
& Erie) who are quite simply, just interested in making money. Their
data shows that only 15 residential homes in Kenilworth that are actually
on the rail line. They have in fact in the past, received state monies
for this project. Assemblyman Cryan said, “I can assure you, from a state
level, from literally August forward which is when they became aware of
this project, that any funding from the state has been cut off at its
knees. Clearly, and unequivocally there will not be another dollar allocated
or utilized for this process.” Assemblyman Cryan said he has Commissioner
of Transportation Jamie Fox’s word on this. He said he will be meeting
with the Commissioner, Mayor Tripodi, and other Mayors next week to reiterate
their position. He said, from a statewide standpoint, this road is now
leased to the County, so that there is not much that the Commissioner
can do but to ensure that no more dollars will be spent and also to adhere,
should in the case that the line is reactivated, ensure that the highest
standards are met from grades to safety procedures. Assemblyman Cryan
said hopefully we will not get to that point. He said he has been assured
that the new ties which are being laid are maintenance ties and they are
no way able to move freight. He said, on behalf of Senator Lesniak, Assemblyman
Cohen, and himself, he came tonight to offer his unfailing support in
any way, shape or form that he can, and to put on this on the record.

Mayor Tripodi
thanked Assemblyman Cryan for coming today. Mayor Tripodi announced,
for the record, that Freeholders Scutari, Estrada, and Proctor are also
present this evening.

REPORT
OF COMMITTEES (CONT.)

DEPARTMENT
OF FINANCE

Councilwoman
Fiamingo announced that the Finance Committee met to discuss increases
for the non-union employees. She said they made a recommendation to the
Council which they will be considering for action later on in the month,
however, in the meantime the salary ordinance is on the agenda for first
reading so that when everyone is in agreement, it can be implemented.
Councilwoman Fiamingo, in regards to the Pocket Parks Grant, said Mr.
Travisano has spoken to Dianne and advised her he will be getting back
to her soon. In regards to the potential deficit in the Celebration of
Public Events account, she said it is not a concern and there should be
enough

money to
transfer. Councilwoman Fiamingo reported that in regards to the Board
of Health’s question about the sanitarian’s salary, this is under their
budget and Dianne checked it and said

there should
be enough money for them to do what they want.

DEPARTMENT
OF PUBLIC WORKS

Councilwoman
Colosimo referred to the resolution on the agenda which pertains to the
interlocal

service agreement
that hopefully will be passed between the City of Rahway and the Borough
of Kenilworth for bulky-waste collection for the year 2003. She explained
that this is a cost cutting effort because of the “over 200% increase”
we were hit with this year from our current company.

She said
it will cost us for 2003 what we paid for only one pick up during 2002.

DEPARTMENT
OF PUBLIC SAFETY

Councilman
Galasso read the following highlights from the Chief’s report for the
month of September: Sgt. Hannon attended UCERT Training, the department
participated in the annual Health Fair at Schering Plough, the members
successfully requalified with their duty weapons at the County range in
Springfield, and Sgt. Hannon attended a Hostage Crisis Negotiation course.

Councilman
Galasso reported that after an investigation by our detective bureau,
the department arrested a 59 year old male from Monroe Avenue for aggravated
sexual assault of a 10 year old boy. He said this all took place between
August of 1998 and December of 1999 and this individual is currently lodged
at the Union County Jail in lieu of $75,000. bail.

DEPARTMENT
OF PLANNING, ZONING AND ORDINANCES

Councilman
David announced that he was in receipt of the Zoning Officer’s report
for the month of September which shows 11 complaints, 5 approvals, 2 denials,
and 4 correspondences. He was also in receipt of the Construction Official’s
report which showed $14,084. in receipts, with the building fees broken
down as follows: fees: $12,159., trust: $545., smoke detectors: $160.,
and elevator fees: $1,220. In regards to the Historical Society, Councilman
David announced that they are sponsoring a dinner-theater who dun nit
on November 2nd at the Kenilworth Inn. He said it is entitled
“Kenilworth, Some History and Mystery” and will begin with a wine and
cheese reception, followed by a full course dinner. He said admission
is $40. and anyone who is interested may obtain tickets by calling 245-0861,
or stop in at the Kenilworth Library or Perqup.

REPORT
OF COMMITTEES (CONT.)

DEPARTMENT
OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilman
Falcetano said he had no report this evening.

DEPARTMENT
OF HEALTH, EDUCATION AND WELFARE

Councilman
Taylor reported that the Library will be meeting on Thursday to discuss
the repair vs the replacement of the ramp behind the Library. He said
the Board of Health and the Borough are currently coordinating the annual
dog and cat canvass of the town regarding licensing of these pets, as
is required by statute. Councilman Taylor also announced that Paulette
Drogon

has been
nominated for Vice President in Central New Jersey of the New Jersey Municipal
Welfare Association, saying that speaking on behalf of the Council, they
are very proud of Paulette Drogon’s work every day for the Borough.

BILLS

Consolidated
Bill List appears on the following pages.

CONSENT
AGENDA

Resolutions
No. 1 through 6 are listed under Consent Agenda and will be enacted by
one motion

in the form
listed below.

Council Member
Galasso moved that all items under Consent Agenda be approved, seconded
by Council Member Taylor. Upon roll call the vote was unanimous.

RESOLUTION
NO. 1

Be It Hereby
Resolved: That all bills be paid when properly audited and funds are
available.

RESOLUTION
NO. 2

Be It Hereby
Resolved: Whereas, the following property was issued an electrical and
fire permit, and fees were received by the Building Department;

Whereas, there was a change in contractor and duplicate
permits issued.

Now, Therefore, Be It Resolved that the Treasurer be
and is hereby authorized to draw a warrant to refund the following amount
to:

Amount of $92.00 refunded to contractor: Peter
Papic

1215 Kirkman Place

Union, NJ 07083

For property located at: 421 No. 15th Street

Kenilworth, NJ 07033

Block 4, Lot 29, Permit #02-0295

CONSENT
AGENDA (CONT.)

RESOLUTION
NO. 3

Be It Hereby
Resolved: That the Borough Clerk be authorized to issue the following
Raffle Licenses:

#763 – To the David Brearley Middle/High School PTO for an Off-Premise
50/50 to

be held on May 12, 2003

#764 – To the Kenilworth Rotary Club for an On-Premise 50/50 to be held
on

November 1, 2002

#765 - To the Kenilworth Rotary Club for two On-Premise Merchandise
Raffles

to be held on November 1, 2002

RESOLUTION
NO. 4

Be It Hereby
Resolved: Whereas, the Assessor of Taxes has determined that William
E. Lueddeke, Sr. who owns property located at 762 Vernon Avenue and known
as Block 157 Lot 9 in the Borough of Kenilworth, County of Union, NJ
qualifies for full tax exemption as a 100%

disabled
veteran, and

Whereas, this property was billed for Final 2002 taxes
prior to this determination,

Now, Therefore, Be It Resolved that taxes in the amount
of $2,806.62 billed for the year 2002 and 2003 preliminary tax of $1403.31
be and are hereby cancelled, and

Be It Further Resolved that the Collector of Taxes make
said adjustment on the tax record of Block 157 Lot 9 for the 2002 taxes
billed and 2003 preliminary taxes billed.

RESOLUTION
NO. 5

Be It Hereby
Resolved: Whereas, an overpayment has occurred on property located at
762 Vernon Avenue and known as Block 157 Lot 9 in the Borough of Kenilworth,
County of Union, NJ due to exemption for 100% disable veteran status,
and

Whereas, this overpayment was made by the property owners
William E., Sr. & Mary Ann Lueddeke,

Now, Therefore, Be It Resolved that the treasurer after
proper notation by the Collector of Taxes on the tax account record be
and is hereby authorized to issue a warrant for refund of overpayment
as stated below.

Payable to: William E. & Mary Ann Lueddeke 2002
1st Quarter $650.53

2002
2nd Quarter 650.52

2002
3rd Quarter 743.23

Total to
refund $2,044.28

CONSENT
AGENDA (CONT.)

RESOLUTION
NO. 6

Be It Hereby
Resolved: That the Governing Body of the Borough of Kenilworth approve
the

Interlocal
Services Agreement for Bulky Waste Collection for Year 2003 between the
City of Rahway and the Borough of Kenilworth, as attached, and that
the Mayor be authorized to sign said Agreement.

Mayor Tripodi
explained that this is an amendment to our parking ordinance, and addresses
several issues, one being no parking west on Coolidge Drive during school
hours which will allow the children to walk along side of the curb because
there are no sidewalks and it has been a problem with the cars parking
and the children having to walk around them. He said the other two streets
will provide for alternate side of the street parking, allowing the street
sweeper to get through as these are residential and industrial areas.

RESOLUTIONS
AND ORDINANCES (CONT.)

RESOLUTION
NO. 8

Introduced
by Galasso who also moved its adoption.

Be It Hereby
Resolved: That Proposed Ordinance No. 2002-17, be and the same is hereby
passed on first reading and ordered published for final hearing on November
13, 2002.

Seconded
by Taylor and on roll call unanimously carried.

Proposed
Ordinance No. 2002-18 was read for a first reading as follows: (copy
attached)

ORDINANCE NO. 2002-18

AN ORDINANCE
AMENDING ORDINANCE NO. 2001-18 PROVIDING FOR COMPENSATION FOR BOROUGH
EMPLOYEES OF THE BOROUGH OF KENILWORTH

Mayor Tripodi
explained that the Governing Body will acting in the future to establish
specific salaries and this ordinance is just clerical to establish ranges.

RESOLUTION
NO. 9

Introduced
by Fiamingo who also moved its adoption.

Be It Hereby
Resolved: That Proposed Ordinance No. 2002-18, be and the same is hereby
passed on first reading and ordered published for final hearing on November
13, 2002.

Seconded
by Falcetano and on roll call unanimously carried.

GENERAL
BUSINESS

Mayor Tripodi
thanked Assemblyman Cryan and our Freeholders for being here this evening,
saying that hopefully we will be able to put this railroad issue to rest.

MEETING
OPEN TO THE PUBLIC

Freeholder
Scutari commented in regards to the reactivation of the rail line, saying
that County’s position has been unwavering on this matter in that they
do not support it and through an intergovernmental local agreement they
have given this local Council and Mayor their own power and ability to
reactivate those tracks if they see fit to do so. He said his office,
for many years has been begging them to come out and maintain the tracks
just for the purpose of maintenance and safety, and finally something
is being done, however, something which started out to be a positive has
quickly grown into a negative, as rumors are running rampant. Freeholder
Scutari said something which he sees as a non-issue is now a big issue.
He said he cannot speak for what the railroad intends to do in the future
with these tracks, however, the County’s official position is that they
do not and are not supporting the reactivation

MEETING
OPEN TO THE PUBLIC (CONT.)

of these
tracks, but have given this authority to the local members to adopt resolutions
either for or against and they will deal with it on that basis. He said
he will gladly answer any questions, as he felt it was important that
they come here this evening and will probably be going to other town meetings
as well.

Rudy Cammarota,
Red Maple Lane, said he was confused because the last thing he had knowledge
of is that the State of NJ purchased the Rahway Valley Railroad tracks
from Roselle to Summit, then he said he heard they are going to reactivate
it and they signed their rights to the County of Union, and then the County
of Union called upon Baltimore and Erie of Morristown to run the railroad
for them and it was going to be a freight line and in return the County
would be getting the revenue from it. Mr. Cammarota asked the Freeholders
if all of this information was false?

Freeholder
Scutari asked Mayor Tripodi if this was a proper forum?

Mayor Tripodi
said he would like to ask the Freeholders to stay after the meeting because
he did not want to get into a public dialog.

Mr. Cammarota
said he thought this was information for the people of Kenilworth, adding
that if we speak to the Freeholders after the meeting, it is not a public
record. Mr. Cammarota said he also heard that the Railroad was going
to hold a forum in each community, however, the Freeholders say they are
leaving it up to each individual community. He asked if anyone knew if
a contract has been signed between the Baltimore and Erie Railroad and
the other party? He asked who exactly owns the Railroad?

Mayor Tripodi
said there were two contracts and the first was from June, 2000 between
the DOT and the County.

Mr. Cammarota
asked what that was about?

Mayor Tripodi
said it was basically an assignment for a right of way to allow the County
to negotiate with the railroad. Mayor Tripodi said he can give Mr. Cammarota
a copy of it.

Mr. Cammarota
said this was not for his personal information, it is for the residents.

Councilman
David and Councilwoman Colosimo said they would like to hear it, also.

Freeholder
Scutari said there was a contract between the County and the DOT, but
as part of that contract, there was an Interlocal agreement in which activation
was to be acted upon by the local bodies that the track ran through, therefore,
that authority has been given to the individual city councils and mayors,
so any activation would have to be authorized pursuant to that contract.

He added
that since they did receive a resolution from the Borough of Kenilworth
objecting

MEETING
OPEN THE PUBLIC (CONT.)

to the reactivation,
they (the Freeholders) are objecting and that is their position. He said
he cannot comment as to what will happen in the future as to this particular
operator, but their position with respect to regulating the operation
of this track is that they will not authorize the operation of this track
through any communities who reject it. He said he cannot talk about every
different type of scenario that may come up in the future.

Mayor Tripodi
said in the event that any other action is taken, the towns would appreciate
prior notification, as this was a concern of our residents.

Freeholder
Scutari said they set policy, they do not run the day to day operations.

Attorney
Vitale said he has not read the operating agreement, but asked if he was
correct to assume that this is the entire agreement?

Freeholder
Scutari said he did not know what Attorney Vitale was looking at and although
he is an attorney, he is not an attorney for the County. He said he cannot
comment if that is the entire agreement or not.

Mr. Cammarota
said he does not know of any governing body that would enter a contract
contingent upon six of the communities agreeing to it. He asked what
it means if one community objects, do the others have to object also?
Mr. Cammarota said it sounds like a circus to him and this is not good
government. He said he was not satisfied with the Freeholder’s explanation.
He said he thought he would find out exactly what was going on tonight
because somebody does know.

Mayor Tripodi
said there is a Freeholder’s meeting on Thursday and the County’s counsel
will be there, along with our residents and this would be the best place
to hear it from.

Attorney
Vitale asked if the M&E Railroad understands the agreement, referring
to the part that states if a community objects to it, that it will not
go through?

Freeholder
Scutari said he cannot speak for the railroad, just for the Freeholder
Board.

Councilwoman
Fiamingo asked what the date of the contract was?

Attorney
Vitale said the contract was dated May 9th, 2002.

Mayor Tripodi
explained that that was the date of the operating agreement and the date
of the contract between the County and the DOT was from 2000.

Councilwoman
Fiamingo asked Freeholder Scutari if she heard correctly when he said
that he is unwavering in his position and if the town is opposed than
he is opposed?

Freeholder
Scutari said that was correct.

MEETING
OPEN TO THE PUBLIC (CONT.)

Mr. Westervelt,
Faitoute Avenue, said he was gratified that the state and the county are
“on board”, however, he is very uneasy about this. He said we have an
operator, M&E Railroad

that has
a connection in Summit, a main line in Cranford that is operated mainly
by Conrail which CSX (a very large operator) , Norfolk & Southern
are involved in shipping over the Lehigh Valley Line and on the other
end there is the chemical coast line. He said the Port Authority said,
yes we have a deal right now with the City of Elizabeth and will be putting
in this north/south interchange which may take 5 or 10 years to complete.
He said on the other end we have Staten Island with Howland Hook. He
said if we have an operator that gets all the way from Howland Hook to
Summit, why do they want to get to Summit as Summit is their territory.

He said they
have 150 miles of track and right of way over NJ Transit. He said also
up there is the old Lackawanna Railroad, and asked, who operates there-
Conrail; who is buying out Conrail-CSX, Norfolk and Southern. Mr. Westervelt
said we have to watch this very, very carefully. He said he hopes the
state and the county understands.

Freeholder
Scutari said they are watching it just as carefully as everyone else and
their position is the same, that they do not want to see this railway
reactivated, which is the reason he believes the agreement was made with
the railroad so they can gain and garner some control. He said Federal

regulations
generally govern the use of railroads through interstate commerce and
sometimes they do not have control over that.

ADJOURNMENT

There being
no further business to come before the Council, it was moved by David,
seconded by Colosimo and carried, that the meeting be adjourned to the
call of the chair.